Nakandaul (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for a Subclass 500 (Student) visa. The applicant sought review of a delegate's decision to refuse their visa application. The core issue before the Tribunal was whether the applicant was a genuine temporary entrant, as required by clause 500.212 of Schedule 2 to the Migration Regulations 1994.

The Tribunal was required to determine if the applicant genuinely intended to stay in Australia temporarily, having regard to their circumstances, immigration history, and any other relevant matters. This assessment was to be conducted in accordance with Direction No. 69, which provides guidance on factors to consider when assessing the genuine temporary entrant criterion for student visas. The Direction emphasises that these factors should not be treated as a checklist but rather as a guide to considering the applicant's circumstances as a whole.

In reaching its decision, the Tribunal had regard to the applicant's oral testimony, the testimony of a witness called by the applicant, departmental records, Tribunal files, and documentation provided by the applicant. The Tribunal concluded that the applicant met the genuine temporary entrant criterion under clause 500.212(a). Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the applicant satisfies this specific criterion.